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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7033
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi,im seeking information for a desperate friend. My friend

Resolved Question:

Hi,i'm seeking information for a desperate friend.
My friend has outstayed her visa in the uk by about 8/9 years. She has a partner who has been with her for 5 years and he has been supporting her all this time finacially. She is from Singapore and studied in the uk to succesfully complete her various degrees of which i'm not sure what they are. She is a transexual and fears that going back home will make her life a misery and she wishes to be a legal british citizen. Her religion is muslim she says she will be frowned upon if she ever had to go back home. She has many friends to call upon for support and one friend has asked her to become partners in business,but she can't become a partner because she needs to be a uk resident.
Have you any advise which i could pass on such as;
Does she have a good case to become a legal citizen?
Can she talk to a lawyer in total confidence?
Any info you can provide will be much appreciated....thanks.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. What is the total length of time of her period of residency in the UK please?
2. Are she and her partner to have a civil partnership at any time in the future?
3. How long have they cohabited together (ie. lived together)
Kind regards.
Customer: replied 4 years ago.

Hi, I believe she entered the uk in 1999 or maybe 2000. I think they would get a civil partnership if it helps but i don't think they have plans. They have lived together for around 4 years.

Thanks again.

Expert:  Thomas replied 4 years ago.
Hi, Thanks for your reply..
She cannot obtain UK citizenship because a person must be free of immgration time restrictions in order to do so. She is not because she is illegal.
She would first have to obtain a visa based on her relationship and then apply for indefiniate leave to remain after two years in order to be free of such time restrictions.
The period of cohabitation that they have together would qualify for the purposes of obtaining an unmarried partner’s visa. The eligibility for making an in-country application is as follows:-  you and your partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when we would give you leave to remain;  any previous marriage, civil partnership or similar relationship involving you or your partner has permanently broken down;  you have not remained in the UK in breach of the immigration laws;  you and your partner are not related by blood;  you have met your partner;  you and your partner have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least two years;  your relationship did not begin after a decision was made to deport or remove you from the UK;  you and your husband, wife or civil partner intend to live together permanently;  you have adequate accommodation where you and your dependants can live exclusively and without help from public funds; and  both of you will be able to maintain yourselves and any dependants adequately without needing public funds. Obviously she does not meet this criteria because.she is in breach of immigration rules in that she is living here without leave to remain. However, this alone is not permitted as sole grounds for refusal of a visa where that application is made out of country. This means that if she returns to her home country and makes an application from there they will not be able to reject because of her overstay and provided her application does not contain any other defects then it will be accepted. A person without leave to remain may only make an application in the UK where exceptional compassionate circumstances dictate that it should be accepted by the UKBA. In her case I would suggest that the quickest, cheapest way of securing her leave to remain here would be to see a local solicitor to get them to prepare on out of country application. She could then return home and make the application from there straight away. If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. I will answer your follow up questions you may have. Kind regards, Tom
Thomas, Solicitor
Satisfied Customers: 7033
Experience: BA (Hons), PgDip, Practising Solicitor
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